E. INDIA TRADING CO., INC. v. HALARI


305 N.Y. 866 (1953)

In the Matter of the Arbitration between East India Trading Co., Inc., Respondent, and Dada Haji Ebrahim Halari, Appellant.

Court of Appeals of the State of New York.

Decided July 14, 1953


Attorney(s) appearing for the Case

Granville Whittlesey, Jr., for appellant.

Martin H. Selman for respondent.

Concur: LEWIS, Ch. J., DESMOND, DYE and FULD, JJ. VAN VOORHIS, J., dissents in opinion in which CONWAY and FROESSEL, JJ., concur.


Judgment affirmed, with costs; no opinion.

VAN VOORHIS, J. (dissenting).

The question presented by this appeal is whether an arbitration award shall be confirmed, insofar as it grants what it describes as a penalty. The controversy arises from a contract for the sale of pepper, petitioner-respondent's contention being that appellant failed to deliver pepper called for by the contract, which contained a clause incorporating a trade association...

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